Patna High CourtCR. MISC./1549/2018rejected

Ram Kishore Chourasiya v. The State Of Bihar

2018-02-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1549 of 2018 Arising Out of PS.Case No. -170 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Ram Kishore Chourasiya, son of Late Banarsi Chourasiya resident of village Patailiya Tola, Diyanatpur, at present resident of village Narham Morcha Bagh, P.S. Bibhutipur, District Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-B)A, 26 and 35 of the Arms Act.

A country made loaded pistol and cartridge was recovered from the house of the petitioner. Petitioner is in custody since 09.08.2017. The petitioner has stated on oath that he has got no criminal antecedent.

However, the report of the police reveals that the petitioner is accused in one more case. Wife of the petitioner is deponent of this case.

Considering the facts and circumstances as well as suppression of fact by the petitioner, I am not inclined to

Patna High Court Cr.Misc. No.1549 of 2018 (3) dt.20-02-2018 2/2 enlarge the petitioner on bail for the present in connection with Bibhutipur Police Station Case No. 170 of 2017 pending in the court of learned 2nd Additional Chief Judicial Magistrate, Rosera at Samastipur.

Hence, prayer for bail is refused.

Let the learned trial court conclude the trial within a period of nine months from the date of receipt/production of a copy of this order, failing which the prayer of the petitioner would be considered favourably for grant of bail. (Birendra Kumar, J) Kundan/- U T